You’ve just been handed a Court Attendance Notice by police, or you’ve been released on bail after hours in custody. Your phone is buzzing with questions from family, but all you can think about is what happens next. Facing criminal charges NSW residents encounter can feel overwhelming, but understanding the court process from charge to finalisation gives you back a measure of control. This guide walks you through every stage of the criminal justice system in New South Wales, from your first appearance in the Local Court of NSW to potential sentencing outcomes, citing the specific legislation and procedural steps that govern your case.
By the Numbers
- —According to the NSW Bureau of Crime Statistics and Research (BOCSAR), there were 326,446 criminal court finalisations in NSW Local Courts in 2022, with 81% resulting in proven guilt outcomes.
- —The Australian Bureau of Statistics (ABS) reported that in 2021–22, 34% of defendants finalised in NSW criminal courts had legal representation, significantly improving their likelihood of non-conviction outcomes.
- —BOCSAR data shows that in 2022, the median time from charge to finalisation for summary offences in NSW was 98 days, while indictable offences took a median of 357 days.
What Does It Mean to Be ‘Charged’ with a Criminal Offence in NSW?
Being charged means NSW Police have formally accused you of committing an offence under the Crimes Act 1900 (NSW) or other criminal legislation. A charge is not a conviction. It is an allegation that must be proven beyond reasonable doubt in court, either by the police prosecutor in the Local Court of NSW or by the Office of the Director of Public Prosecutions (ODPP) for serious indictable matters.
Police may charge you in several ways: by issuing a Court Attendance Notice while you remain at liberty, by charging you after arrest and holding you in custody until a bail application can be heard, or by issuing a Future Court Attendance Notice that specifies a court date weeks or months ahead. The method depends on the seriousness of the alleged offence, your criminal history, and whether police believe you pose a risk of failing to appear or reoffending.
The charge document will specify the offence, the date and location of the alleged conduct, and the court where you must appear. It will also cite the relevant section of the statute you are alleged to have breached. This document is the foundation of the prosecution case and determines which court has jurisdiction over your matter.
Your Rights Immediately After Being Charged
The moment you are charged, you acquire specific legal protections under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and common law. You have the right to remain silent beyond providing your name and address. Anything you say to police can be used as evidence against you, so exercising your right to silence is often the safest course until you have spoken to a solicitor.
You have the right to contact a lawyer and a friend or family member. Police must facilitate this contact unless doing so would interfere with the investigation or endanger another person. If you cannot afford a solicitor, you can contact Legal Aid NSW or the Aboriginal Legal Service if you identify as Aboriginal or Torres Strait Islander.
You also have the right to apply for bail under the Bail Act 2013 (NSW) if you have been arrested and held in custody. Bail is not automatic for all offences, and police may oppose your release depending on the nature of the charge and your personal circumstances. Understanding understanding bail in NSW is critical if you are held in custody after being charged.
Golottas Solicitors has represented clients across Western Sydney for over 45 years, and we routinely advise individuals within hours of being charged to protect your rights when facing criminal charges and begin preparing a defence strategy immediately.
What Happens After Police Charge You: Court Attendance Notice or Arrest
After being charged, you will either be released with a Court Attendance Notice or held in custody pending a bail hearing. A Court Attendance Notice is a formal document issued under the Criminal Procedure Act 1986 (NSW) that requires you to attend court on a specified date. It will list the charges, the court location, and the time you must appear. Failure to attend court on that date can result in a warrant for your arrest and additional charges for failing to appear.
If you are arrested and refused bail by police, you will be held in custody and brought before a magistrate within a reasonable time, usually the next available court sitting day. The magistrate will then consider a bail application. The Bail Act 2013 (NSW) establishes a presumption in favour of bail for most offences, but serious charges such as murder, sexual assault, or large-scale drug supply carry a presumption against bail, meaning you must demonstrate exceptional circumstances to be released.
If bail is granted, you will be released subject to conditions, which may include reporting to a police station, residing at a specific address, not contacting certain individuals, or surrendering your passport. Breaching bail conditions is a separate offence and can result in your bail being revoked and you being returned to custody.
What Happens at Your First Court Appearance in NSW
Your first court appearance will take place in the Local Court of NSW, regardless of whether the charge is a summary offence or an indictable offence. Summary offences, such as common assault, low-range drink driving, or shoplifting, are finalised entirely in the Local Court. Indictable offences, such as armed robbery, sexual assault, or drug supply, may ultimately be heard in the District Court of NSW or Supreme Court of NSW, but they begin in the Local Court for mention and committal proceedings.
At your first appearance, the magistrate will confirm your identity, read the charges, and ask whether you have legal representation. If you do not have a lawyer, the magistrate may adjourn the matter to give you time to obtain one. The court will also confirm your bail status and may impose or vary bail conditions.
The prosecution will provide a brief of evidence, which includes witness statements, police facts, and any other material they intend to rely on. Your solicitor will review this brief to identify weaknesses in the prosecution case, procedural errors, or grounds for negotiation. For summary offences, you typically have 28 days from your first appearance to enter a plea. For indictable offences, the matter will be adjourned for a committal mention or committal hearing.
Criminal solicitors from Golottas Solicitors regularly appear in the Local Courts across Western Sydney, including Fairfield, Liverpool, and Parramatta, and we know the procedural expectations of each registry. Early legal advice can prevent costly mistakes and position your case for the best possible outcome.
Entering Your Plea: Guilty or Not Guilty
At some point in the proceedings, you will be required to enter a plea. This is a formal response to the charge: guilty or not guilty. The timing depends on the type of offence. For summary matters, you generally enter your plea within 28 days of your first appearance. For indictable matters, you may enter a plea at a committal mention or after the matter has been committed to a higher court for trial.
The arraignment process is the formal procedure by which you are called upon to plead in the District Court or Supreme Court. The charge is read aloud, and you respond. Your solicitor will advise you on the strength of the prosecution case, the likelihood of conviction, and the sentencing range before you enter a plea.
Pleading guilty at an early stage can attract a sentencing discount under section 22 of the Crimes (Sentencing Procedure) Act 1999 (NSW), which recognises that an early guilty plea saves court time and spares witnesses from giving evidence. The discount can reduce your sentence by up to 25 per cent if entered at the earliest opportunity.
Pleading not guilty means the matter will proceed to a hearing or trial, where the prosecution must prove every element of the offence beyond reasonable doubt. You are not required to prove your innocence. The burden of proof rests entirely with the prosecution.
Can You Negotiate the Charges?
Yes. Plea negotiations are a common and legitimate part of the criminal justice process in NSW. Your solicitor can engage with the police prosecutor or the ODPP to negotiate a reduction in charges, the withdrawal of certain charges, or an agreement on the facts that will be presented to the court at sentencing.
Negotiations may result in a less serious charge being substituted for the original charge. For example, an assault occasioning actual bodily harm charge under section 59 of the Crimes Act 1900 (NSW) might be negotiated down to common assault under section 61, which carries a lower maximum penalty and is more likely to result in a non-custodial sentence.
Negotiations can also involve an agreed statement of facts. This is particularly important where the objective seriousness of the offence affects sentencing. If the prosecution facts overstate your involvement or include allegations that cannot be proven, your solicitor can request amendments or challenge those facts at a disputed facts hearing.
Effective negotiation requires detailed knowledge of the evidence, the relevant case law, and the prosecution’s priorities. Criminal lawyers in Western Sydney with experience in local courts understand what concessions are realistic and how to frame submissions that appeal to prosecutorial discretion.
What Happens If You Plead Guilty?
If you plead guilty, the matter proceeds directly to sentencing. The magistrate or judge will hear submissions from both the prosecution and your solicitor. The prosecution will outline the objective seriousness of the offence, any aggravating features, and your criminal history if you have one. Your solicitor will present mitigating factors, such as your remorse, prospects of rehabilitation, personal circumstances, and any steps you have taken to address the offending behaviour, such as attending counselling or rehabilitation programs.
The court will consider the purposes of sentencing set out in section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW), which include punishment, deterrence, protection of the community, rehabilitation, and denunciation of the offender’s conduct. The court must also consider the principle of proportionality, ensuring the sentence is proportionate to the gravity of the offence.
Sentencing can occur on the same day as your guilty plea, or the matter may be adjourned for the preparation of a pre-sentence report, psychological assessment, or other material that assists the court in determining an appropriate penalty. Your solicitor may request an adjournment to gather character references, evidence of rehabilitation, or medical reports that support a more lenient sentence.
The court has a wide range of sentencing options available, from non-conviction orders to full-time imprisonment. The outcome depends on the objective seriousness of the offence, your subjective circumstances, and the quality of the submissions made on your behalf.
What Happens If You Plead Not Guilty?
If you plead not guilty, the matter will be listed for a hearing in the Local Court for summary offences, or for committal proceedings followed by trial in the District Court or Supreme Court for indictable offences. At a hearing or trial, the prosecution must prove every element of the offence beyond reasonable doubt. You are not required to give evidence or prove anything.
In the Local Court, a magistrate hears the evidence and delivers a verdict. There is no jury. The prosecution will call witnesses, and your solicitor will have the opportunity to cross-examine them. Your solicitor may also call defence witnesses or present evidence that supports your version of events. At the conclusion of the hearing, the magistrate will deliver a verdict, either finding you guilty or dismissing the charge.
For indictable offences, the matter proceeds through a committal hearing under Division 3 of Part 2 of Chapter 3 of the Criminal Procedure Act 1986 (NSW). The purpose of a committal hearing is to determine whether there is sufficient evidence to put you on trial. If the magistrate is satisfied that a reasonable jury, properly instructed, could convict you, the matter is committed to the District Court or Supreme Court for trial. If not, the charge is dismissed.
At trial, the matter is heard before a judge and jury. The jury determines guilt or innocence based on the evidence presented. The judge rules on legal issues and, if you are convicted, determines the sentence. Trials can take several days or weeks, depending on the complexity of the case and the number of witnesses.
Defending a criminal charge requires strategic preparation, thorough cross-examination, and persuasive legal argument. Experienced court representation can mean the difference between conviction and acquittal.
Possible Outcomes After Sentencing in NSW
If you are convicted, the court has a range of sentencing options under the Crimes (Sentencing Procedure) Act 1999 (NSW). The least severe option is a Section 10 dismissal or conditional release order, which allows the court to find you guilty but not record a conviction. This outcome is available where the court is satisfied that it is appropriate in the circumstances, taking into account factors such as the trivial nature of the offence, your character, and the likelihood of reoffending.
Other sentencing options include a fine, a conditional release order with or without conviction, a community correction order, an intensive correction order, or full-time imprisonment. Community correction orders and intensive correction orders allow you to serve your sentence in the community under supervision, subject to conditions such as community service, curfews, or participation in rehabilitation programs.
Full-time imprisonment is reserved for the most serious offences or where no other penalty is appropriate. The court must consider whether imprisonment is necessary to achieve the purposes of sentencing and whether a non-custodial sentence would be manifestly inadequate. If you are sentenced to imprisonment, you may be eligible for parole after serving a portion of your sentence, depending on the length and conditions of the sentence.
Sentencing outcomes vary significantly depending on the offence, your criminal history, and the quality of the submissions made on your behalf. A well-prepared sentencing case can result in a significantly more lenient penalty than a poorly prepared one.
Should You Hire a Criminal Lawyer After Being Charged?
Yes. Legal representation significantly improves your chances of a favourable outcome. The Australian Bureau of Statistics reported that in 2021–22, 34 per cent of defendants finalised in NSW criminal courts had legal representation, and those defendants were significantly more likely to receive non-conviction outcomes than unrepresented defendants. A solicitor can identify defences, negotiate with prosecutors, challenge evidence, and present persuasive submissions at sentencing.
Criminal law is procedurally complex. Missing a deadline, failing to comply with a court direction, or making an ill-advised admission can have serious consequences. A solicitor ensures you comply with all procedural requirements, protects your rights, and advises you on the strength of the prosecution case.
Golottas Solicitors has been representing clients in Western Sydney for over 45 years. We understand the local courts, the prosecutors, and the magistrates, and we know how a criminal lawyer can defend your rights at every stage of the process. Early legal advice can prevent charges from proceeding, secure bail, or position your case for a non-conviction outcome.
If you cannot afford a private solicitor, Legal Aid NSW provides legal assistance for eligible individuals facing serious criminal charges. However, Legal Aid is means-tested and may not be available for all offences or all defendants. Private representation offers continuity, accessibility, and the ability to dedicate significant time to preparing your case.
- ✓
Write down everything you remember about the incident and your interactions with police immediately after being charged - ✓
Keep your Court Attendance Notice or bail paperwork in a safe place and note all court dates in your calendar - ✓
Do not discuss your case on social media or with anyone other than your lawyer—anything you say can be used as evidence - ✓
Contact a criminal lawyer within 48 hours of being charged to discuss your options and begin preparing your defence - ✓
Comply with all bail conditions strictly—breaching bail can result in arrest and refusal of future bail applications - ✓
Gather any evidence that supports your case, including witness contact details, photos, videos, or documents - ✓
Attend all scheduled court dates on time—failure to appear will result in a warrant for your arrest
Frequently Asked Questions
Do I have to go to court if I’ve been charged with a criminal offence in NSW?
Yes. If you receive a Court Attendance Notice or Future Court Attendance Notice, you are legally required to attend court on the date specified. Failing to appear can result in a warrant for your arrest under section 25 of the Crimes (Sentencing Procedure) Act 1999 (NSW). If you cannot attend due to illness or other exceptional circumstances, you must contact your solicitor immediately to apply for an adjournment before the scheduled court date.
Can criminal charges be dropped before court in NSW?
Yes. Police or the Office of the Director of Public Prosecutions (ODPP) may withdraw charges if there is insufficient evidence, procedural errors, or if it is not in the public interest to proceed. Your solicitor can make representations requesting withdrawal of charges, particularly if new evidence comes to light, witnesses are unavailable, or the prosecution case is weak. However, the decision to withdraw charges rests entirely with the prosecution, not the court.
What is the difference between a summary offence and an indictable offence in NSW?
Summary offences are less serious and heard in the Local Court of NSW, such as common assault or low-range drink driving. Indictable offences are serious crimes like robbery or sexual assault, heard in the District Court of NSW or Supreme Court of NSW, often before a jury. Some indictable offences can be dealt with summarily in the Local Court if the prosecution and defence consent and the magistrate is satisfied it is appropriate, but the most serious indictable offences must proceed to trial in a higher court.
Will I get a criminal record if I’m charged with an offence?
Not automatically. You only receive a criminal record if you are convicted. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), a magistrate can dismiss charges or issue a conditional release order without recording a conviction, even if you plead guilty. This outcome is available where the court is satisfied that recording a conviction would be disproportionate to the offence, taking into account your character, the trivial nature of the offence, and any extenuating circumstances.
How long does the criminal court process take in NSW?
It varies. Summary matters in the Local Court may be finalised in weeks to months. According to BOCSAR, the median time from charge to finalisation for summary offences in NSW was 98 days in 2022. Indictable matters requiring committal hearings and District or Supreme Court trials can take 12 to 24 months or longer, depending on complexity, the availability of witnesses, and court scheduling. Early legal advice and proactive case management can help expedite the process.
This article is general information only and does not constitute legal advice. For advice specific to your circumstances, contact a qualified solicitor.
If you’ve been charged with a criminal offence in NSW, contact Golottas Solicitors today. With over 45 years of experience in criminal law, our team provides expert representation at every stage of the court process.
